Green Gain Consulting

GN 32580
Notice 65

The Environmental Laws Amendment Act 14 of 2009 became active on the 18th of September 2009. The Act amends various environmental Acts, herewith a quick indication of the important amendments -

• APPA - Penalties for contraventions are adjusted.
• ECA - Penalties for contraventions are adjusted.
• NEMA - Env. management inspectors are no longer required to carry notices of designation with them and the scope of routine inspections on the search of vehicles is extended;
• NEMA – Sec 28 Duty of Care has been made specifically retrospective and now applies to all historic pollution or degradation. It is now a criminal offence to pollute or degrade the environment, even if the pollution or degradation resulted from negligent actions. A fine of up to R5 million and 1 year imprisonment is possible. NOTE THAT THIS SECTION APPLIES TO EMPLOYEES, MANAGERS AND DIRECTORS OF COMPANIES (when this section is read with sec 34 of NEMA).
• NEMA – Sec 28 Duty of Care allowed rehabilitation or cleanup costs to be claimed from the offender after government has done cleanup. Anticipated costs for rehabilitation may now be claimed from the responsible party prior to government performing the cleanup.
• NEMA – Section 30, Non compliance with Sec 30 (Emergency provision) of the Act is criminalized. Reporting, cleanup and rehabilitation, reporting to government must take place within 14 days. The failure to report the incident, to perform the emergency cleanup is criminalized with R1mil fine and or 1 year imprisonment. Also note that a reporting form is available for  reporting of incidents.
• NEM: Protected Areas Act - Penalties for contraventions are adjusted.
• NEM: Biodiversity Act - An EIA must now be obtained when genetically modified organisms are involved; the regulations are amended to allow for hunting.
• NEM: Air Quality Act - Now provides for a processing fee to review licenses; penalties for contraventions are adjusted.

Clients should note that all penalties referred to above can constitute a fine or imprisonment or both, meaning that any person comitting any contravention can be held criminally liable.